NEW REGULATIONS.

Dominion, Volume 3, Issue 790, 13 April 1910, Page 6

NEW REGULATIONS.

UNDER THE NATIVE LAND ACT. COURT AND WITNESSES' PEES. For the purposes of the new regulations under the Nativo Land Act, the Dominion has been divided- into four districts, as follows:—Auckland, Gisborne, Wahgauui, and Wellington, tho latter including the Middle Island, Stewart Island, and adjacent islands. 'Each district will have a registrar of the Native Land Court, who shall-also be the registrar of the Native Appellate Court. The sittings in respect of each district shall be fixed early in April each year. . Title of Customary Lands. Except as provided, the Court shall not proceed with the investigation of the title of customary land until the land is surveyed and the Court has before it the approved plan. In some cases a sketch plan may be sufficient. The Court may require that all claims for inclusion in the title shall be made. It is next provided that may require before hearing the evidence that each party shall state-in writing:—

(1) The' boundaries of the land he claims. „

(2) The material grounds of his claim. (3) Genealogical tables showing descent from the ancestor through whom the title is claimed and'traced down to leading members of. his party. .

(4) Names and approximate location of all. cultivations, pas, pkees of historic interest, and generally any Bigns.of occupation. ...

The' Court may. at any stage require each party to hand in a list of the names of the persons admitted by him as claiming and entitled with him in respect of his claim. Procedure as to Partitions. Upon the receipt of any application for partition the registrar shall' forward it to the chief surveyor of the district, who shall report as to what road-lines are required to be laid off on the land for its due settlement and use, and the estimated cost of surveying the road-lines. If,,in "the opinion of a judge, the roadlines, are necessary and,the estimated cost reasonable, he may requisition the chief surveyor to have the work done. >- The chief surveyor may, pending the proper survey, submit, to • the Court a sketch plan, and the Court may proceed with the partition or refuse to proceed until a proper survey has. been made. It is also provided that the Court may refuse to proceed with the further partition of any land until the survey of any former partition has been completed, and an approved plan submitted; No-partition order shall :be made-in favour of. any person . claiming. Native freehold land by virtue of an alienation unless the'instrument, of alienation has been duly registered. / \ Every application for an- exchange shall be accompanied by certificates- showing the latest Government valuations (if any) of .tie laid proposed to be exchanged. In regard to adoption, the consent of the parents must be had, either in writing or in open Court, and it may require personal attendance of the parents and the child.

Relative Interests and Incorporation ■■; -Orders.'," ■■■' ■. Relative interests shall,- in 'all ' cases where it can conveniently be done, he expressed' in shares or fractional parts of a share,' the whole interest in the land being, for, the "'purpose expressed',by the number of shares' awarded. It shall not be necessary for a defendant in a proceeding in which there is a pecuniary claim to file any statement of defence. With reference to a request for an"incorporation order regarding the Native owners, the Court may appoint the place and the time for the holding of a meeting of Native owners for the purpose of.electing a Committee of Management. A member of i a Committee ofj Management may,ho removed.by the Court: (a) If he holds any office' or place of profit under the body corporate which in the opinion of the Court is not consistent with his duty as a member of the committee, (b) If he is a lunatic or of unsound mind, or is imprisoned, (c) If he becomes, bankrupt or insolvent, (d).' If he does anything. which, in the opinion of the Court,-renders him unfit to hold office, (e) If he fails without leave of the committee to attend four consecutive meetings of the committee, (f) If by resolution of the incorporated owners i\; is decided that he should be removed, (g) For any other reason.which the Courtthinks sufficient. • '

Clauses Dealing With Appeals. Every application for leave to appeal 'to the' Appellate Court shall be made within two days, or any further, period not exceeding seven days. A notice. of ■ appeal from any final order of the Court shall embody or: be accompanied by a statement setting forth the grounds of appeal, and bo lodged wit]iin six weeks. Where persons have been appointed successors in tho same right of the interests of a deceased' person in several blocks of land it shall not be necessary to give separate notice of appeal in respect of each order, but the whole may be ■ included- •■ and treated as. one party. Except with the leave of the chief judge, no appeal" shall be notified for hearing until after the expiration of six weeks'from the date of the order or determination' appealed from. The following days.shall be the holidays in connection with' the Land Court and .thei Appellate Court in. the various offices:— Good Friday to'- Easter- Tuesday (both inclusive), Christmas Eve to January' 6 (both inclusive), birthdays of reigning sovereigns, and of H.R.H. the' Prince of Wales, and in each district the anniversary of the establishment- of tho province. Judges and officers of the court at. a distance from their'homes will be allowed the necessary additional time to , proceed to ' their homes at the Easter vacation -. and afterwards to return to their' several stations.

Court Fees. Following will be the court fees :— ■ . . •''■.' id. Application for appointment of; trustee '..j—; nil Application under, rule 46 ■ nil Application for succession order... 2 0 Application under section '24 ... 10 0 Application under section 56 ...... 40 0 Application under section 208 ... 20 0 On any other application 5 0 Sealing of subpoena (not more than three names) 5 0 Swearing witnesses ....... 2 .0 Hearing in court at discretion of -,- judge each party per diem not exceeding '. 20 0 Succession order where fee paid on application 3 0 Succession order, where no fee paid

on application .......'. 5 8 Order defining relative interests 20 0 Orders of exchange— If value of either property ex-

ceeds .£2OO 20 0 In any other case 10 0 . Airv other order for title of "land 20 0 Order granting probate or letters of administration— Where property exceeds £200 20 0 In any other case ; 10 0 Order determining succession to property other than Native land 5 0 Order under section 24 .'. 20 0 Order of adoption -.. 10 0 Order under section 50 nil Order under sectjpß 208 20 0 Order appointing trustee_ nil Order to incorporate or wind.up ... 20 0 Any other order not provided for 5 0 Search of any record _ ;.. 2t> General search of any 16001* in one' matter per day 5 0 Special notification 10 0 Sealing duplicate of any document -,- - 5 0 Office copy per folio, but not less' than 2s. 6d 0 6 Certificate of each order registered • 2 6 On lodging notice of appeal 10 0